Bridget McKenzie (Victoria, National Party, Minister for Agriculture) | Hansard source

Senator Waters, of course the government has received advice from a variety of areas in the drafting of the bill. We've adopted that advice, and what you see before you is a bill which goes to protecting farmers from illegal activities.

I thought you would have actually supported wanting to ensure that our farmers, who do the right thing, aren't subjected to illegal acts of stealing, of trespass and of harassment of their kids. If any senator wanted to come in here and contribute to the debate, and hadn't heard the submissions to the Senate inquiry, which went to the very heart of the emotional and economic trauma that occurs when hundreds of people just rock up to your property, I would find it incredible that they could think that that's okay in a civil society. It's not, and we're taking a strong stand.

Senator Patrick's question actually went to how the scope of the sentence would go. This is a maximum of five years jail for people who incite others to do criminal activity. If you're going to incite criminal activity—and it's a high threshold, it has to be proved—then you are going to be subject to up to five years imprisonment. Where that scope of the five years ends up—obviously, as you know as a lawyer—will depend on the circumstances of the case and the judge involved.